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Alabama · Ala. Code §§40-1-3, 40-5-7, 40-5-9, 40-5-12, 40-11-4Alabama property taxes at closing: October 1, January 1 and the superior lien

Unless the law provides otherwise, Alabama taxes become due and payable on October 1 each year and become delinquent if not paid before the following January 1; they are due at once when a taxpayer is moving from the county, going out of business or disposing of substantially all taxable property in the county (Ala. Code §40-11-4). From October 1 of each year, when property becomes assessable, the state has a lien on every parcel for the taxes assessed against its owner, and the county and, within city limits, the municipality have like liens; these liens are superior to all other liens, rank in that order, and continue until the taxes are paid (§40-1-3). After January 1, the tax collecting official sends a written demand by first-class mail to delinquent taxpayers, with a $5 demand fee for each property (§40-5-7). Delinquent ad valorem taxes bear interest at 12% a year, added to and collected as part of the taxes (§40-5-9). A purchaser, lienholder or mortgagee of real estate included in an assessment may discharge the tax lien by paying the actual amount of taxes due to the county's tax collecting official (§40-5-12).

The rules

  1. 1. Due date (§40-11-4)

    October 1; delinquent if not paid before January 1.

  2. 2. Lien (§40-1-3)

    From October 1; state, county and city liens, superior to all other liens.

  3. 3. Demand (§40-5-7)

    After January 1, by first-class mail, with a $5 fee per property.

  4. 4. Interest (§40-5-9)

    12% a year on delinquent taxes.

  5. 5. Payment by buyer or lender (§40-5-12)

    A purchaser or mortgagee can pay the taxes due to discharge the lien.

What the TC can do

  • Ask the title company for the tax status and whether the taxes due October 1 are paid as of the closing date.
  • If closing falls in December, confirm who pays the taxes before January 1.
  • Ask the buyer's lender whether the loan escrows property taxes; on a cash purchase, tell the buyer the bills come to them directly.

Questions about Alabama property taxes

When are Alabama property taxes due?

They become due and payable on October 1 and become delinquent if not paid before the following January 1 (Ala. Code §40-11-4).

Can a buyer pay the seller's unpaid Alabama property taxes?

Yes. A purchaser, lienholder or mortgagee of real estate included in an assessment may discharge the tax lien by paying the actual amount of taxes due to the county's tax collecting official (Ala. Code §40-5-12).

Add the January 1 tax date as a dated task on the deal in ClosingCode.

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Source: Code of Alabama §§40-1-3, 40-5-7, 40-5-9, 40-5-12 and 40-11-4 (alison.legislature.state.al.us, read October 29, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.